Seneca Falls Carwash Thief Loses Appeal Bid

On Thursday, the New York Court of Appeals, New York’s highest court, denied defendant Bernie Daniels’ application for permission to appeal to the Court of Appeals.After a trial in the Seneca County Court, Daniels was convicted of criminal mischief in the fourth degree, petit larceny and possession of burglar’s tools. The defendant’s conviction stems from the theft of a coin box from a car wash located in the Town of Seneca Falls on April 19, 2008.The defendant, represented by attorney Steven Getman, filed an appeal with the Appellate Division Court in Rochester. Seneca County District Attorney Barry Porsch argued against the appeal. The Appellate Division determined, among other things, that the defendant’s statement to the police was voluntary, the police search of the defendant’s vehicle was proper, and the guilty verdict was supported by the evidence.The defendant then sought to have the case reviewed by the Court of Appeals in Albany. District Attorney Porsch opposed the application, arguing that defendant’s contentions lacked merit and should not be reviewed. The Court of Appeals sided with Porsch and denied defendant’s application, ruling that there is no question of law which needs to be reviewed by the Court.

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